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PC - 2014-06 - Approving Design Review 14-01 for the Construction of a New 6,000 Square Foot Commercial Building Comprised of Four Units. The Subject Site is Located at 9668 Valley Boulevard in the C-3D ZonePC RESOLUTION 14-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING DESIGN REVIEW 14 -01 FOR THE CONSTRUCTION OF A NEW 6,000 SQUARE FOOT COMMERCIAL BUILDING COMPRISED OF FOUR UNITS. THE SUBJECT SITE IS LOCATED AT 9668 VALLEY BOULEVARD IN THE C -313 (MEDIUM COMMERCIAL WITH DESIGN OVERLAY)ZONE. WHEREAS, on January 28, 2014, IMC Green Valley LLC submitted a Design Review application for the construction of a new 6,000 square foot commercial building comprised of four (4) units. The project is located at 9668 Valley Boulevard; and WHEREAS, 9668 Valley Boulevard is located in the C -3D (Medium Commercial with Design Overlay) zone; and WHEREAS, 17.28.020 of the Rosemead Municipal Code provides the purpose and criteria for a design review, WHEREAS, Sections 65800 & 65900 of the California Government Code and Section 17.28.020(C) of the Rosemead Municipal Code authorize the Planning Commission to approve, conditionally approve or disapprove design review applications; and WHEREAS, on April 10, 2014, thirty -two (32) notices were sent to property owners within a 300 -foot radius from the subject property, in addition to notices posted in five (5) public locations and onsite, specifying the availability of the application, plus the date, time, and location of the special public hearing for Design Review 14 -01, and on April 10, 2014, the notice was published in the Rosemead Reader; and WHEREAS, on April 21, 2014, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Design Review 14 -01; and WHEREAS, the Rosemead Planning Commission has sufficiently considered all testimony presented to them in order to make the following determination. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Rosemead as follows: SECTION 1. The Planning Commission HEREBY DETERMINES that Design Review 14 -01 is Categorically Exempt from environmental review as a Class 32 Exemption pursuant to Section 15332 of the California Environmental Quality Act (CEQA) guidelines. SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Design Review 14 -01 in accordance with Section 17.28.020(C) et seq., of the Rosemead Municipal Code as follows: A. The plans indicate proper consideration for the relationship between the proposed structure and site developments that exist or have been approved for the general neighborhood; FINDING: The proposed development is located within an established commercial district of the City. The applicant has provided a design of high aesthetic quality, which in Staffs determination, will improve the aesthetics of the prominent intersection and its relationship to the commercial district. The proposed project is consistent with the Goal 2, Policy 2.7 of the Land Use Element of the City's General Plan in that it calls for establishing and applying architectural design review to new commercial development. B. The plan for the proposed building and site development indicates the manner in which the proposed development and surrounding properties are protected against noise, vibrations and other factors which may have an adverse effect on the environment, and the manner of screening mechanical equipment, trash, storage and loading areas, FINDING: All new lighting will be fully shielded and directed downwards to mitigate glare on adjacent properties. The applicant is only proposing to install 3' -0" tall bollard lighting within the courtyard area and the landscape strip along the south property line, adjacent to the residential building to the south. Conditions of approval have been incorporated to eliminate adverse effects on the environment as a result of the proposed project. This development will not generate any permanent impacts to noise levels for the surrounding area. All construction work will be required to comply with the timeframe, and decibel levels indicated in the City's Noise Ordinance (Ordinance 478 and 541). Conditions of approval will specifically address factors such as noise, construction hours, screening of mechanical equipment, landscaping, lighting, and the overall maintenance of the property. C. The proposed building or site development is not, in its exterior design and appearance, so at variance with the appearance of other existing buildings or site developments in the neighborhood as to cause the nature of the local environment to materially depreciate in appearance and value; FINDING: The proposed project will improve the physical appearance of the prominent corner by eliminating an unused and boarded -up building and replacing it with commercial and office space that is of high architectural quality. The improvements to the site in terms of new landscaping and pavement treatments in the parking lot will provide a marked improvement over the appearance of other buildings at the intersection of Valley and Temple City Boulevards. The applicant proposes to apply various types of materials to the exterior walls of the commercial building to further break -up the building's profile. To accentuate the building, the tower element located at the northeast corner of the building will be finished with gray metal siding (future Chipotle Mexican Grill Restaurant). The building cornice will be smoothly finished in a tan color. Brownish -gray colored split face masonry block will be applied at the base of the building throughout all elevations. D. The proposed building or structure is in harmony with the proposed developments on land in the general area, especially in those instances where buildings are within or adjacent to land shown on the General Plan as being part of the Civic Center or in public or educational use, or are within or immediately adjacent to land included within any precise plan which indicates building shape, size or style, FINDING: The property is not part of the Civic Center Plan, precise plan or land reserved for public or educational use, so there is no special need to create harmony with the general area. Notwithstanding this, the approved design will create a development that is an aesthetic upgrade over the surrounding area and that has the potential to enhance land values in the general area. This is due to the proposed new building fagade with higher quality materials, a design that blends better with the area, and greatly improved landscaping and parking lot area. E. The proposed development is in conformity with the standards of this Code and other applicable ordinances in so far as the location and appearance of the buildings and structures are involved, and FINDING: This proposed development meets all of the minimum code requirements for the C -31D (Medium Commercial with a Design Overlay) zone, and all applicable referenced code sections of the Rosemead Municipal Code. F. The site plan and the design of the buildings, parking areas, signs, landscaping, luminaires and other site features indicates that proper consideration has been given to both the functional aspects of the site development, such as automobile and pedestrian circulation, and the visual effect of the development from the view of public streets. FINDING: Access to the site is located on Temple City Boulevard via a 26,4, wide driveway for ingress and egress. The parking lot is conveniently located to the south of the commercial building. All parking lot lighting will be fully shielded and directed downwards to mitigate glare on adjacent properties. Lastly, this building renovation will improve the visual effect of the site from the view of the public streets, primarily Valley Boulevard. SECTION 3. The Planning Commission HEREBY APPROVES Design Review 14 -01 for the construction of a new 6,000 square foot commercial building comprised of four (4) units, subject to conditions listed in Exhibit "B" attached hereto and incorporated herein by reference. SECTION 4. This resolution is the result of an action taken by the Planning Commission on April 21, 2014, by the following vote: YES: DINH, ENG, HERRERA, AND TANG NO: NONE ABSTAIN: NONE ABSENT: LOPEZ SECTION 6. The Secretary shall certify to the adoption of this resolution and shall transmit copies of same to the applicant and the Rosemead City Clerk. PASSED, APPROVED and ADOPTED this 21' day of April, 2014. Diana Herrera, Chair CERTIFICATION 1 hereby certify that the foregoing is a true copy of a resolution adopted by the Planning Commission of the City of Rosemead at its regular meeting, held on the 21" day of April, 2014 by the following vote: YES: NO: ABSTAIN: ABSENT: DINH, ENG, HERRERA, AND TANG NONE NONE LOPEZ Michelle Ramirez, Serjetary EXHIBIT "B" DESIGN REVIEW 14 -01 CONDITIONS OF APPROVAL April 21, 2014 1. Design Review 14 -01 are approved for the construction of a new 6,000 square foot commercial building comprised of four (4) units, in accordance with the plans marked Exhibit "C ", dated March 31, 2014. Any revisions to the approved plans must be resubmitted for the review and approval of the Planning Division. 2. The conditions listed on this exhibit shall be copied directly onto any development plans subsequently submitted to the Planning and Building Divisions for review. 3. Approval of Design Review 14 -01 shall not take effect for any purpose until the applicant has filed with the City of Rosemead a notarized affidavit stating that he /she is aware of and accepts all of the conditions of approval as set forth in the letter of approval and this list of conditions, within ten (10) days from the Planning Commission approval date. 4. The onsite public hearing notice posting shall be removed by the end of the 10- day appeal period of Design Review 14 -01. 5. Design Review 14 -01 is approved for a period of one (1) year. The applicant shall commence the proposed use or request an extension within 30- calendar days prior to expiration. The one (1) year initial approval period shall be effective from the Planning Commission approval date. For the purpose of this petition, project commencement shall be defined as beginning the permitting process with the Planning and Building Divisions, so long as the project is not abandoned. If Design Review 14 -01 has been unused, abandoned, or discontinued for a period of one (1) year it shall become null and void. 6. The Planning Commission hereby authorizes the Planning Division to make and /or approve minor modifications. The following conditions must be complied with to the satisfaction of the Planning Division prior to final approval of the associated plans, building permits, occupancy permits, or any other appropriate request. 8. Design Review 14 -01 is granted or approved with the City and its Planning Commission and City Council retaining and reserving the right and jurisdiction to review and to modify the permit, including the conditions of approval based on changed circumstances. Changed circumstances include, but are not limited to, the modification of the use, a change in scope, emphasis, size, or nature of the use, or the expansion, alteration, reconfiguration, or change of use. This reservation of right to review is in addition to, and not in lieu of, the right of the City, its Planning Commission, and City Council to review and revoke or modify any permit granted or approved under the Rosemead Municipal Code for any violations of the conditions imposed on Design Review 14 -01. 9. The applicant shall defend, indemnify, and hold harmless the City of Rosemead or its agents, officers, and employees from any claim, action, or proceeding against the City of Rosemead or its agents, officers, or employees to attack, set side, void, or annul, an approval of the Planning Commission and /or City Council concerning the project, which action is brought within the time period provided by law. 10. The applicant shall comply with all Federal, State, and local laws relative to the approved use including the requirements of the Planning, Building, Fire, Sheriff and Health Departments. 11. Building permits will not be issued in connection with any project until such time as all plan check fees, and all other applicable fees, are paid in full. 12. The numbers of the address signs shall be at least 6" tall with a minimum character width of 3/4 ", contrasting in color and easily visible at driver's level from the street. Materials, colors, location, and size of such address numbers shall be approved by the Planning Division, prior to installation. 13. All requirements of the Planning Division, Building Division, and Public Works Department shall be complied with prior to the final approval of the proposed construction. 14. The hours of construction shall be limited from 7:00 a.m. to 8:00 p.m. Monday to Saturday. No construction shall take place on Sundays or on any federal holidays without prior approval by the City. 15, The Planning staff shall have access to the subject property at any time during construction to monitor progress. 16. The site shall be maintained in a graffiti -free state. Any new graffiti shall be removed within twenty -four (24) hours. A 24 -hour, Graffiti Hotline can be called at (626) 569 -2345 for assistance. 17. The site shall be maintained in a clean, weed, and litter free state in accordance with the Rosemead Municipal Code. All trash containers shall be stored in the appropriate trash enclosure at all times. All trash, rubbish, and garbage receptacles shall be regularly cleaned, inspected, and maintained in a clean, safe, and sanitary condition. 18. All mechanical equipment screening shall comply with the currently applicable section of the Rosemead Municipal Code. 19. The new trash enclosure shall comply with the currently applicable section of the Rosemead Municipal Code. 20. All off - street parking shall comply with the currently applicable section of the Rosemead Municipal Code. The parking area, including loading and handicapped spaces, shall be paved and re- painted periodically to City standards to the satisfaction of the Planning Division. In accordance with the currently applicable section of the Rosemead Municipal Code, all designated parking stalls shall be double striped. Such striping shall be maintained in a clear, visible, and orderly manner. 21. All open areas not covered by concrete, asphalt, or structures shall be landscaped and maintained on a regular basis. 22. The applicant shall submit a Master Sign Program for the property to the Planning Division for review and approval prior to finalization of building permits for the project. Window signs shall not cover more than 15% of window and glass door areas. All banners and temporary signs shall be permitted by the Rosemead Planning Division prior to installation. 23. A final landscape and irrigation plan shall be submitted to the Planning Division for review and approval prior to the issuance of building permits. The landscape and irrigation plan shall include a sprinkler system with automatic timers and moisture sensors. 24. Violations of the conditions of approval may result in citation and /or initiation of revocation proceedings. Engineering Conditions of Approval GENERAL 1. Prior to performing any grading, obtain a permit from the Engineering Department. Submit grading and drainage plans pre the City's grading guidelines and the latest edition of the Los Angeles County Building Code. The plans shall be stamped and signed by a California State Registered Civil Engineer. 2. A grading and drainage plan must provide for each lot having an independent drainage system to the public street, to a public drainage facility, or by means of an approved drainage easement. 3. Historical or existing storm water flow from adjacent lots must be received and directed by gravity to the public street, to a public drainage facility, or an approved drainage easement. 4. All grading projects require an Erosion Control Plan as part of the grading plans. Grading permit will not be issued until and Erosion Control Plan is approved by the Engineering Department. ROAD 5. New drive approaches shall be constructed at least 3' from any above - ground obstructions in the public right -of -way to the top of "x" or the obstruction shall be relocated. New drive approaches shall be limited to the frontage of the parcel. The drive approach is intended to serve, and is designed to the satisfaction of the City Engineer. 6. All work proposed within the public right -of -way shall require permits from the Public Works Department. 7. Remove and replace existing curb and gutter from property line to property line. (If necessary or indicated by Public Works Director) 8. Remove and replace sidewalk from property line to property line. 9. Remove and construct driveway approaches as indicated on the plans. 10. Install parkway trees as indicated on the plans. All street trees shall be installed to the satisfaction of the City Engineer and the City Urban Forester. Street trees shall be planted in a manner that provides a minimum clearance of eight (8) feet from any existing or proposed sewer laterals to be used to serve the project. The size of the trees shall be minimum 36 inches box. Total of two (2) along Temple City Blvd and two (2) Valley Blvd. SEWER 11. All existing laterals to be abandoned shall be capped at the public right of way to the satisfaction of the City Engineer and the Building Official of the City of Rosemead. Utilities 12. All power, telephone and cable television shall be underground. 13. Any utilities that are in conflict with the development shall be relocated at the developer's expense. Water 14. Prior to the filing of the final map, there shall also be filed with the City Engineer, a statement from the water purveyor indicating subdivider compliance with the Fire Chiefs fire flow requirements. 15. Water hydrant, water meter box and utilities box shall be located 8 feet away from parkway trees and 3 feet away from driveway approach